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Read these carefully. When you buy something from Grid Feeders, you acknowledge and accept the following terms and conditions of sale.

  1. Scope

    The following terms and conditions apply to the sale of all products, services, and items sold or distributed by Grid Feeders LLC, a Delaware Limited Liability Company to the undersigned BUYER.

  2. Orders

    BUYER shall issue to Grid Feeders firm order for each purchase required. All orders are subject to credit approval and confirmation of delivery schedule by Grid Feeders and may require credit enhancement, such as advance payment, letter of credit, or other guarantee prior to acceptance.

  3. Prices

    The prices for Products are set forth in Grid Feeders' quotation which can be changed at any time upon prior written notice to BUYER. The quoted prices are exclusive of all taxes, duties, freight and other applicable charges unless otherwise noted.

  4. Changes

    Within thirty (30) days of receipt of from buyer a request for changes within the general scope of work under an accepted purchase agreement, Grid Feeders will respond in writing stating the consequences of such requested changes. If such requested changes causes an increase or decrease in the cost of the Products and/or the time required for performance, an equitable adjustment shall be made in the price and/or the time period for performance. Such price adjustment may include but not be limited to any rework charges associated with the requested change. Grid Feeders shall have the right in its sole discretion to accept or reject any such requested changes and shall not be required to proceed with the change unless the parties have mutually agreed in writing. All approved change orders shall be considered amendments to the applicable order. If a request change is not accepted by Grid Feeders, the original order shall remain in effect.

  5. Payments

    Upon Grid Feeders' approval of BUYER'S credit, if no credit enhancement is required, payment shall be net thirty (30) days from the date of invoice. All payments received after thirty (30) days shall accrue interest at the rate of two percent (1.5%) per month or eighteen percent (18%) per year.

  6. Transportation

    All sales and deliveries of Products shall be "FCA Grid Feeders' authorized shipping point" as defined in order. BUYER is responsible for all transportation, insurance, duties and other applicable expenses. These expenses shall be added to Grid Feeder's invoice to BUYER if prepaid by Grid Feeders.

  7. Title and Risk Of Loss

    Title to the Products shall pass to BUYER upon delivery of the Products to a common carrier. BUYER hereby grantsGrid Feeders a security interest in the Products until the invoice covering the products has been paid in full. BUYER also irrevocably appointsGrid Feeders as its lawful attorney-in-fact coupled with an interest with full authority to execute and file UCC-1's and and any other necessary documents to protect and enforce its security interest.Grid Feeders shall bear the risk of loss or damage untill the Products are delivered to a common carrier. Upon delivery to a common carrier, BUYER shall bear the entire risk of loss and shall be liable for all loss or damage to the Products.

  8. Inspection

    Unless BUYER notifies Grid Feeders in writing within thirty (30) days from date of shipment of any products that said products are rejected, they will be deemed to have been accepted by BUYER. In order for the notice of rejection to be effective. BUYER must also specify the reason(s) why the Products are being rejected.

  9. Force Majure

    Grid Feeders shall not be liable for any failure to perform other loss due to unforeseen circumstances, or causes beyond its control including without limitation acts of God, strikes, material and/or transportation shortages, natural casualties, governmental regulations, war, fire, flood, disasters and civil unrest.

  10. Limitation of Liability

    Grid Feeders shall not be liable for any consequential, incidental, special, or exemplary damages suffered by BUYER and/or any end user. related to or arising out of this agreement. The transaction contemplated hereby and.or the use or inability to use the products, integration of the products with products not purchased from Grid Feeders, loss of goodwill or profits and/or from any other cause whatsoever even if it has been advised of the possibility of such damages. In no event will Grid Feeders' liability for any cause of action relating to this agreement exceed amounts received by Grid Feeders from BUYER of the product or service that is the subject of such claim or dispute. Grid Feeders and BUYER further agree that each and every provision of this agreement which provides for a Limitation of Liability. Disclaimer of warranties or exclusion of damages is expressly intended to be servable and independent of any other provision since those provisions represent seperate elements of risk allocation between the parties, and shall be separately enforced. Both parties also agree that the price of the Products reflects the allocation of risk. Warranty and Limitations of Liability provisions herein.

  11. Waiver

    Grid Feeders shall not be deemed to waive any default of any provision of this Agreement unless Grid Feeders signs a written waiver.

  12. Indemnity

    BUYER shall indemnify, defend and hold Grid Feeders harmless for all claims, damages, expenses, liabilities and losses, including without limitation attorney's fees and costs incurred that in any way arise out of or relate to (a) the manner is which BUYER and /or any of its customers or end users use or operate the Products; (b) any personal injuries, property damages or other losses resulting or occurring from the willful or negligent acts or omissions of BUYER, its customers or end users; (c) defects or other problems with other component parts, equipment or materials produced or supplied by anyone other than Grid Feeders and that may be used with the Products; and/or (d) Buyer's transactions with its customers, end users or other parties regarding the Products.

  13. Termination

    BUYER shall not terminate or cancel any order, or portion thereof, after it is given to Grid Feeders without Grid Feeder's prior written consent in its sole discretion and subject to the condition that BUYER pays to Grid Feeders the sum of (1) the price of all Products previously delivered to BUYER, (2)Grid Feeders actual costs incurred as a result of such termination (e.g. purchase of raw materials and other obligations), which Grid Feeders will attempt to keep as low as possible, and (3) a cancellation fee of twenty percent (20%) of such actual costs.

  14. Attorney's Fees

    In the event that a dispute arises regarding this Agreement or the Products, the prevailing party shall be entitled to actual attorney's fees and costs incurred.

  15. Entire Agreement

    BUYER agrees to all of the provisions of this Agreement by signing below and/or submitting its order for the Products. This Agreement is the sole and entire agreement between the parties (except for the price of the shipment schedule for the Products contained in Grid Feeder's quotation or BUYER's order accepted by SATCOM RESOURCES which shall be incorporated herein subject to the terms hereof) and shall superceed all prior or contemporaneous written or oral understandings and/or other terms in any purchase order or other document now or hereafter delivered. The provisions of the Agreement shall apply to and and all purchase orders, orders, or requests for Products submitted by BUYER to Grid Feeders at any time in the future after executing this Agreement, without the need for either party to re-execute the Agreement. No modification of this agreement shall be valid unless in writing and signed by an authorized representative of Grid Feeders.

  16. Governing Law and Venue

    This Agreement shall be construed and enforced according to the laws of the State of Colorado regarding contracts made and wholly performed in Colorado.Grid Feeders and BUYER irrevocably submit to the jurisdiction of the state and/or federal courts in Eagle County, Colorado for any action or proceeding regarding this agreement.

  17. Export

    BUYER warrants that it shall not directly or indirectly export, transfer or in any way distribute any of the Products, or parts thereof, or any of Grid Feeder's Proprietary Rights or technical data to any country or territory that is prohibited from receiving such materials under any applicable law of the United States. BUYER further indemnifies, defends and holds Grid Feeders harmless from all damages, claims, expenses, liabilities and losses including without limitation attorney's fees and costs that in any way arise out of resale to BUYER's breach of this warranty and/or failure to comply with the provisions of this Section 20.

  18. Integration of Equipment

    Grid Feeders shall not be liable for any problem, damages or costs associates with the intergration, installation or incorporation of the Prducts with equipment or materials not provided by Grid Feeders.

  19. Authority

    The persons executing this Agreement on behalf of Grid Feeders and BUYER warrant that they have been authorized by their respective board of directors or other governing bodies to enter into this Agreement and to bind their respective companies to all of the provisions of this Agreement.

  20. Survival

    All of the provisions of Section 11, 12, 13, 15, and 20 of this Agreement shall survive the termination or expiration of this Agreement.

  21. Assignment

    BUYER shall not assign, transfer or otherwise encumber this Agreement or any part thereof without Grid Feeders' prior written consent.

  22. Severability

    If any provision of the Agreement is held in a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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